President Trump last night in the State of the Union Address did not invoke, nor that he threaten to use a declaration of a national emergency in order to get his wall in the U.S. southern border. It is still possible he can still use his power and use this recourse in the next week and a half before the deadline comes for another government shutdown. Today, we are in conversation about the law that gives the president such authority: the National Emergencies Act of 1976.
Guest: Brianne Gorod, is chief counsel of the Constitutional Accountability Center. She is a former clerk to Supreme Court Justice Stephen Breyer. Her piece on this issue can be found here The National Emergencies Act Is Not a Blank Check.